PPLE Flashcards
the Act declaration of policy
public safety and welfare;
regulation in the public interest to protect the public from unprofessional, improper, unauthorized, unqualified practice of psych from licensed psychs
“board”
state board of psychology in the department of state
“commissioner”
commissioner of professional and occupational affairs in the department of state
“person”
individual, corporation, partnership, association, incorporated organization or a government or any political subdivision, agency or instrumentality thereof
“practice of psychology”
offering to render or rendering to individuals, corporations, institutions, governmental agencies, or public for remuneration services
exceptions to the provisions of the Act
1) simple acts of persuasion or suggestion
2) licensed to practice other healing arts in commonwealth
3) members of other recognized professions (counselors, LCSW)
4) psych in federal agency, dept of corrections, dept of human services, school psychologists by dept of ed
5) psych testing under dept of corrections, dept of human services under licensed psych
6) faculty or staff of university, public school, hospital, research unit; “psych intern” in training or school
7) temp assignment
8) temp license for applicant licensed in another state
9) businesses apply psych to employment
10) admin doing work for psychs under sup of licensed psych
11) education specialist I or II
12) employ and supervise interns not licensed yet
13) employing grad students
state board of psych members
9 members;
US citizen;
residents of commonwealth for 3 years
breakdown of state board of psych members
8 appointed by governor;
1 commissioner of professional and occupational affairs;
2 as representatives of public;
6 as representatives of practice areas of psych
state board of psych terms
4 yrs or until successor appointed but not longer than 6 months beyond the 4 yr period;
if die/resign - successor appointed to hold until unexpired term;
no more than 2 consecutive terms
board of psychs quorum
majority;
must be physically in attendance at meeting to vote
board elections
annually select chairman, vice chairman from members;
annually select secretary - need not be a member of board
board attendance
member fails 3 consecutive meetings unless written reason why;
public member fails 2 consecutive statutorily mandated training seminars unless written reason why;
board meets at least 6 times a year
sunset act
board subject to evaluation, review, termination;
automatically terminates an agency, a law, or a govt program that fails to procure legislature approval beyond a fixed period of time
powers of the board
1) review applicants for licensure
2) adopt, revise rules & regulations regarding licensure and the Act
3) any changes to current licenses, conduct hearings
4) conduct hearings, impose civil penalties if necessary for the Act violation
5) employ professional credentials evaluator to review applications
6) waive exam and grant license in special cases
board of psych fees
1) fees not enough for 2 years then can increase fees;
2) if bureau of prof & occupational affairs says fees not enough to enforce Act, then raise;
3) all fees, fines paid into the professional licensure augmentation account;
4) board may charge fees for things pertaining to licensure
board reports
1) annual to dept of state estimate of financial requirements;
2) annual to house & senate appropriations committees copy of budget request;
3) annually to prof licensure committee of the house of representatives & consumer protection, and prof licensure committee of senate any complaints received & their timeline
qualification for licensure
1) moral character
2) graduate of accredited college - dr in psych or dr in field related to psych
3) no less than 2 yrs supervised experience
4) passed exams
5) paid all fees
6) no felony*
7) affidavit or affirmation verity of application
felony* exception rules
1) 10 years elapsed
2) sig progress in personal rehab so that substantial risk of harm to health, safety of public or further criminal violations gone
3) satisfies qualifications of ACT
“convicted”
judgment, admission of guilt, or a plea of nolo contendere
reasons to refuse, suspend, revoke, limit license
1) failing to meet standards
2) misleading or deceptive psych
3) practicing w/ fraud license
4) incompetence, negligence, misconduct
5) submitting false registration to board
6) felony, misdemeanor in practice of psych
7) issue w/ other state licensing board
8) unable to practice to illness, drugs, mental, physical condition
9) ethics violation
10) knowing aid unlicensed person to practice
11) immoral, unprofessional conduct
12) solicitation of services
13) fail to perform statutory obligation
14) insurance fraud
15) bad records
reporting of multiple licensure
on biennial registration application;
disciplinary action told to both within 90 days or biennial, whichever sooner
psychological testing “under the direction of a licensed psych”
licensed psych reviews each psych testing and psych assessment selected, administered, scored and interpreted by the employee and shall cosign the corresponding report
member fees
$60 per diem when actually attending to the work of the board;
travel, hotel, necessary expenses incurred
options the board may do if license is refused, revoked, restricted, suspended
1) deny application
2) public reprimand
3) revoke, suspend, limit, restrict a license
4) require licensee to submit to care, counseling, treatment
5) suspend enforcement of findings and put licensee on probation
6) restore suspended license w/ disciplinary or corrective measure
7) take other action
when immediate and clear danger to the public health and safety
1) temporarily suspend license, issue an order without a hearing, send written statement of all allegations, determine next steps
2) within 30 days of temp suspension, preliminary hearing to determine prima facie case
penalties, injunctions against unlawful practice
1) 1st offense = misdemeanor, fine of no more than $1,000 or prison for no more than 6 months
2) each additional offense = fine no more than $2,000 or prison 6 months to 1 yr
3) board, by vote may levy civil penalty up to $1,000, after hearing
4) petition courts to stop practicing until properly licensed
board & subpoenas
1) board has authority to issue subpoenas via attorneys representing commonwealth to investigate violations
2) subpoena witnesses for oaths, books, records, papers, documents
3) patient records only w/ consent or order of court
4) board maintains current records of all reports of alleged violations notified by attorney to review for resolvement
licensure renewal
biennial;
designated hrs of approved CE (not office mngmt, practice building);
fee;
records of all licensed psychs in PA kept in office of commissioner
reinstatement of license
unless ordered to do so by commonwealth court, revoked licenses won’t be reinstated;
revoked can apply for reinstatement after 5 yrs
failure to return suspended or revoked license
misdemeanor of the third degree
impaired professional
1) board appoints paid prof consultant to be liaison between board and treatment programs of impaired prof;
2) defer, dismiss correction action due to satisfactory progression in approved treatment program - NOT apply to felony
3) impaired prof enrolled in approved treatment program enters agreement w/ board regarding suspension and complying
4) prof consultant says no progress then board does proceeding to vacate license
5) prof consultant not subject to civil liability
6) failure to report issue impacting prof duties of license fined up to $1,000
child abuse definition
intentionally, knowingly or recklessly doing to a child:
1) causing bodily injury through any recent act or failure to act
2) creating a reasonable likelihood of bodily injury AOFTA
3) fabricating, feigning or intentionally exaggerating or inducing a medical symptom or disease which results in a potentially harmful medical evaluation or treatment through ARA
4) causing or substantially contributing to serious mental injury through AOFTA
5) causing sexual abuse or exploitation AOFTA
6) creating a likelihood of sexual abuse or exploitation AOFTA
7) causing serious physical neglect
8) causing death
9) trafficking
10) engaging in any of the following:
-kicking, biting, throwing, burning, stabbing, cutting
-unreasonably restraining or confining, based on consideration of method, location or duration
-forcefully shaking under 1 YO
-forcefully slapping or striking under 1YO
-interfering with breathing
-causing presence in crimes
-leaving child unsupervised who actor knows or reasonably should have known is a sex offender
delegated supervisor
person to whom the primary supervisor has delegated up to 1hr of the 2hrs required weekly supervision who holds a current license
graduate training in psych
15 graduate semester hours in a doctoral degree program in psych:
1) core programs: ethics, research design and methodology, statistics, psychometrics
2) 4 substantive content areas: biological bases of behavior, cognitive-affective bases of behavior, social bases of behavior, individual differences
3) supervised practicum, internship
bodily injury
impairment of physical condition or substantial pain
client/patient with legal guardians (minors, legally incapacitated adults)
1) legal guardian shall be the client/patient for decision making purpose
2) client/patient for issues reserved to the individual (confidential communication, issues directly affecting the physical or emotional safety of individual)
perpetrator
individual who has committed child abuse:
1) parent of child
2) spouse of former spouse of child’s parent
3) paramour or former paramour of child’s parent
4) indiv 14+ responsible for child’s welfare or who has direct contact
5) indiv 14+ who resides same home
6) indiv 18+ doesn’t reside but related within the 3rd degree
7) indiv 18+ engaging a child in trafficking
perpetrator for failing to act
1) parent of child
2) spouse or former spouse of child’s parent
3) paramour or former paramour of child’s parent
4) indiv 18+ responsible for welfare
5) indiv 18+ resides in home
person responsible for child’s welfare
provides permanent or temp care, supervision, mental health treatment, training, or control of child in lieu of parental care, supervision, control
program, activity or service
children participate sponsored by school or public/private org:
1) youth camp or program
2) rec camp or program
3) sports or athletic program
4) community or social outreach program
5) enrichment or educational program
6) troop, club or similar
psychology intern
student participating in internship as part of doctoral degree program
psychology resident
has doctoral degree, fulfilling supervised experience for licensure
psychology trainee
psych intern or psych resident
recent act or failure to act
an act or failure to act committed within 2 years of the date of the report to the dept. of human services or county agency
serious mental injury
psychological condition, diagnosed by a physician or licensed psych, including the refusal of appropriate treatment, that results in:
1) severely anxious, agitated, depressed, socially withdrawn, psychotic
2) seriously interferes with ability to accomplish age- appropriate developmental and social tasks
serious physical neglect
committed by a perpetrator that endangers health, well-being, bodily injury, impairs health and development:
1) repeated, prolonged failure to supervise
2) failure to provide adequate essentials of life (food, shelter)
sexual abuse or exploitation
1) engage in or assist another individual to engage in sexually explicit conduct:
* looking at sexual or intimate parts for arousal
* sexually explicit conversation
* sexual activity or nudity
* sexual activity for purpose of producing visual depiction
2) any offense committed:
* rape
* statutory sexual assault
* involuntary deviate sexual intercourse (rape of under 15, defendant at least 4 years older)
* sexual assault
* institutional sexual assault
* aggravated indecent assault
* indecent assault
* indecent exposure
* incest
* prostitution
* sexual abuse
* unlawful contact with a minor
* sexual exploitation
sexual abuse or exploitation does not include
consensual activities between a child 14+ and another person who is 14+ and whose age is within 4 years of the child’s age